Russ v. Supreme Council American Legion of Honor

Citations

• 110 La. 588
• 34 So. 697
• 1903 La. LEXIS 677

Syllabus

<p>MUTUAL AID ASSOCIATION — CERTIFICATE — MODIFICATION — ACQUIESCENCE— BENEFICIARY.</p> <p>1. A benefit certificate issued by a mutual aid association to one of its members is a contract, which can be changed only by the consent of both parties.</p> <p>2. A clause in such a certificate, by which the person to whom it is issued agrees to comply with all the by-laws of the association now existing or hereafter adopted, cannot be construed as authorizing the association to .reduce the amount stipulated in the certificate to he paid.</p> <p>3. Payment of assessments on the reduced basis will not be construed into acquiescence in, the reduction, when made under protest, and with tender of the full amount that would have been due if the reduction had not been made.</p> <p>4. The beneficiary named in the certificate being designated by name, and also as being the wife of the person to whom the certificate is issued, and this person having had but one wife, this removes any uncertainty that might result from calling the beneficiary “Georgie J. Rayne,” instead of “Georgiana Jackson Rayne.”</p> <p>(Syllabus by the Court.)</p>